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THE NEWS & OBSERVER PUB. v. RALEIGH-DURHAM AIRPORT

Nos. 09-1010, 09-1231.

597 F.3d 570 (2010)

THE NEWS AND OBSERVER PUBLISHING COMPANY; The Durham Herald Company; The New York Times Company; Gannett Company, Incorporated, Plaintiffs-Appellees, v. RALEIGH-DURHAM AIRPORT AUTHORITY, Defendant-Appellant. The News and Observer Publishing Company; The Durham Herald Company; The New York Times Company; Gannett Company, Incorporated, Plaintiffs-Appellees, v. Raleigh-Durham Airport Authority, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 12, 2010.

Attorney(s) appearing for the Case

ARGUED: James P. McLoughlin, Jr., Moore & Van Allen, Charlotte, North Carolina, for Appellant. John Adam Bussian, III, The Bussian Law Firm, PLLC, Raleigh, North Carolina, for Appellees. ON BRIEF: John A. Zaloom, David E. Fox, Research Triangle Park, North Carolina, for Appellant. Mark J. Prak, Charles E. Coble, Eric M. David, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge WILKINSON concurred. Judge DAVIS wrote a dissenting opinion.

OPINION

DUNCAN, Circuit Judge:

This appeal arises from the district court's grant of summary judgment to newspaper publishers bringing a First Amendment challenge to a public airport's total ban on newspaper racks inside its terminals. We found a similar ban unconstitutional in Multimedia Publishing Co. of South Carolina, Inc. v. Greenville-Spartanburg Airport District, 991 F.2d 154 (4th Cir.1993), which guides our...

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